EB-1C Sustained — Automotive Technology (2012): the director initially denied the petition, concluding that

Decision Summary

The director initially denied the petition, concluding that the beneficiary's job description was too vague to prove he would be employed in a qualifying managerial or executive capacity. The AAO sustained the appeal, arguing that the director's analysis was too narrow. The AAO found that when considering the entire record, including the company's nature, organizational hierarchy, and staffing, the evidence demonstrated the company was sufficiently staffed to relieve the beneficiary from primarily performing daily operational tasks, thereby qualifying him for a managerial role.

Criteria Discussed

Sign up free to download the original PDF